Law of Wills
P.S.Subbaraman
(Querist) 02 July 2009
This query is : Resolved
When a will is executed jointly and mutually by a husband and wife ,whether the will comes into operation immediately even when one of the testators to the will die ? Can the Will be revoked by any other living testator ? Any case laws on the above subject
A V Vishal
(Expert) 02 July 2009
A Joint Will is a testamentary instrument whereby two or more persons agree to make a conjoint Will. Where a Will is joint and is intended to take effect after the death of both, it will not be enforceable during the life– time of either. Joint Wills are revocable at anytime by either of the testators during their joint lives, or after the death of one, by the survivor.
A Will executed by two or more testators as a single document duly executed by each testator disposing of his separate properties or his joint properties is not a single Will. It operates on the death of each and is in effect for two or more Wills. On the death of each testator, the legatee would become entitled to the properties of the testator who dies.
n.k.sarin
(Expert) 02 July 2009
I do agree with mr. vishal.
Swami Sadashiva Brahmendra Sar
(Expert) 03 July 2009
It appears your query is about mutual will where both persons have executed will in favour of each other. of course, after death of any of them, will shall come into operation in favour of the other one.
